Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

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Filed 06/06/2008

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 Marilee C. Wang (SBN 232432; [email protected]) HOWREY LLP 3 1950 University Avenue, 4th Floor East Palo Alto, California 94303 4 Telephone: (650) 798-3500 Facsimile: (650) 798-3600 5 Robert Ruyak 6 Matthew Wolf (Admitted Pro Hac Vice) Marc Cohn (Admitted Pro Hac Vice) 7 HOWREY LLP 1299 Pennsylvania Avenue, NW 8 Washington, DC 20004 Telephone: (202) 783-0800 9 Facsimile: (202) 383-6610 10 Attorneys for Plaintiffs HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC L.P. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 Case No. C08 00133 RMW (RS) HOLOGIC, INC., CYTYC CORPORATION, 15 and HOLOGIC L.P., DECLARATION OF MARILEE C. WANG Plaintiffs, IN SUPPORT OF MOTION TO FILE 16 UNDER SEAL CONFIDENTIAL vs. PORTIONS OF DEFENDANT SENORX, 17 INC.'S RESPONSIVE CLAIM CONSTRUCTION BRIEF AND THE 18 SENORX, INC., ENTIRETY OF CONFIDENTIAL Defendant. EXHIBITS 15, 16, AND 17 PURSUANT TO 19 CIVIL LOCAL RULE 79-5(D) 20 AND RELATED COUNTERCLAIMS. 21 22 23 24 25 26 27 28
Declaration of Marilee C. Wang in Support of the Motion to File Under Seal Case No. C08 00133 RMW (RS)
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I, Marilee C. Wang, declare as follows: I am an attorney with the law firm of Howrey LLP, counsel for Plaintiffs Hologic, Inc., Cytyc

3 Corporation and Hologic L.P. ("Hologic") in the above-captioned case. I am a member of the Bar of 4 this Court and make this declaration pursuant to Civil Local Rule 79-5(d) in support of defendant 5 SenoRx, Inc.'s Motion to File Under Seal Confidential Portions of Defendant SenoRx, Inc.'s 6 Responsive Claim Construction Brief and the Entirety of Confidential Exhibits 15, 16, and 17 to the 7 supporting Declaration of Adam D. Harber. (Docket No. 155). If called as a witness, I could and 8 would testify competently to the contents of this declaration. 9 1. SenoRx, Inc. ("SenoRx") has submitted a confidential version of Defendant SenoRx,

10 Inc.'s Responsive Claim Construction Brief in which several statements describing Hologic's 11 confidential and proprietary business information and intellectual property are quoted from deposition 12 testimony. These passages are highlighted in yellow and contain information that is internal, 13 confidential, and sensitive to Hologic and its employees, and the unprotected distribution of this 14 document in its unredacted form to the general public could cause harm to Hologic and its employees. 15 Accordingly, Hologic respectfully requests that the Court authorize the filing under seal of the 16 confidential version of SenoRx's Responsive Claim Construction Brief. 17 2. Exhibit 15 to the Declaration of Adam D. Harber in Support of SenoRx's Responsive

18 Claim Construction Brief is a true and correct copy of excerpts from the May 19, 2008 deposition 19 transcript of Jeffrey F. Williamson. The document is marked "Highly Confidential." The excerpts of 20 Mr. Williamson's deposition provided in Exhibit 15 relates to Hologic's confidential and proprietary 21 business information and intellectual property that is internal, confidential, and sensitive to Hologic 22 and its employees, and the unprotected distribution of this document in its unredacted form to the 23 general public could cause harm to Hologic and its employees. Accordingly, Hologic respectfully 24 requests that the Court authorize the filing under seal of Exhibit 15 to the Declaration of Adam D. 25 Harber in Support of SenoRx's Responsive Claim Construction Brief. 26 3. Exhibit 16 to the Declaration of Adam D. Harber in Support of SenoRx's Responsive

27 Claim Construction Brief is a true and correct copy of excerpts from the May 24, 2008 deposition 28 transcript of James F. Dempsey. The document is marked "Highly Confidential." The excerpts of Mr.
Declaration of Marilee C. Wang in Support of the Motion to File Under Seal Case No. C08 00133 RMW (RS)
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1 Dempsey's deposition provided in Exhibit 16 relates to Hologic's confidential and proprietary business 2 information and intellectual property that is internal, confidential, and sensitive to Hologic and its 3 employees, and the unprotected distribution of this document in its unredacted form to the general 4 public could cause harm to Hologic and its employees. Accordingly, Hologic respectfully requests that 5 the Court authorize the filing under seal of Exhibit 16 to the Declaration of Adam D. Harber in Support 6 of SenoRx's Responsive Claim Construction Brief. 7 4. Exhibit 17 to the Declaration of Adam D. Harber in Support of SenoRx's Responsive

8 Claim Construction Brief is a true and correct copy of excerpts from the May 29, 2008 deposition 9 transcript of Timothy J. Patrick. The document is marked "Highly Confidential." The excerpts of Mr. 10 Patrick's deposition provided in Exhibit 17 relates to Hologic's confidential and proprietary business 11 information and intellectual property that is internal, confidential, and sensitive to Hologic and its 12 employees, and the unprotected distribution of this document in its unredacted form to the general 13 public could cause harm to Hologic and its employees. Accordingly, Hologic respectfully requests 14 that the Court authorize the filing under seal of Exhibit 17 to the Declaration of Adam D. Harber in 15 Support of SenoRx's Responsive Claim Construction Brief. 16 I declare under penalty of perjury under the laws of the United States of America that the

17 forgoing is true and correct. Executed in East Palo Alto, California, on June 6, 2008. 18 19 20 21 22 23 24 25 26 27 28
Declaration of Marilee C. Wang in Support of the Motion to File Under Seal Case No. C08 00133 RMW (RS)
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/s/ Marilee C. Wang Marilee C. Wang

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 Marilee C. Wang (SBN 232432; [email protected]) HOWREY LLP 3 1950 University Avenue, 4th Floor East Palo Alto, California 94303 4 Telephone: (650) 798-3500 Facsimile: (650) 798-3600 5 Robert Ruyak 6 Matthew Wolf (Admitted Pro Hac Vice) Marc Cohn (Admitted Pro Hac Vice) 7 HOWREY LLP 1299 Pennsylvania Avenue, NW 8 Washington, DC 20004 Telephone: (202) 783-0800 9 Facsimile: (202) 383-6610 10 Attorneys for Plaintiffs HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC L.P. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 Case No. C08 00133 RMW (RS) HOLOGIC, INC., CYTYC CORPORATION, 15 and HOLOGIC L.P., [PROPOSED] ORDER GRANTING THE Plaintiffs, MOTION TO FILE UNDER SEAL 16 CONFIDENTIAL PORTIONS OF vs. DEFENDANT SENORX, INC.'S 17 RESPONSIVE CLAIM CONSTRUCTION BRIEF AND THE ENTIRETY OF 18 SENORX, INC., CONFIDENTIAL EXHIBITS 15, 16, AND 17 Defendant. 19 20 AND RELATED COUNTERCLAIMS. 21 22 23 24 25 26 27 28
[Proposed] Order Granting the Motion to File Under Seal Case No. C08 00133 RMW (RS)
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The Court, having considered SenoRx, Inc.'s Motion to Seal select portions of Defendant

2 SenoRx, Inc.'s Responsive Claim Construction Brief and the entirety of Exhibits 15, 16, and 17 to the 3 Declaration of Adam D. Harber in Support of SenoRx's Responsive Claim Construction Brief (Docket 4 No. 155) and the Declaration of Marilee C. Wang in support thereof, finds that good cause exists 5 pursuant to Civil L.R. 79-5 for the Motion and hereby orders that the Motion is GRANTED in its 6 entirety. 7 The clerk shall maintain under seal the confidential version of Defendant SenoRx, Inc.'s

8 Responsive Claim Construction Brief and the entirety of Exhibits 15, 16, and 17 to the supporting 9 Declaration of Adam D. Harber. 10 11 12 Dated: _______________________, 2008 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[Proposed] Order Granting the Motion to File Under Seal Case No. C08 00133 RMW (RS)
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It is SO ORDERED.

________________________________________ HON. RONALD M. WHYTE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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